In a Decision – E.P. v. A.P.., (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court Decision that Domestic
Violence did occur even if Husband stated he was provoked because no
provocation occurred.
Wife, daughter and son testified at the hearing and provided audio recordings of husband ranting, cursing and threatening to kill wife and children. Wife and daughters made the recordings after husband's conduct became "scary." Son and daughter also testified to an incident in the marital home when they had to intervene to prevent husband from going into disabled brother's room after yelling "get that handicapped idiot motherfucker out of my house." Wife testified husband threw clothes, coffee and food around the room and broke a kitchen door. Husband asserted his actions were the result of long-term provocation and torment by wife and children.
Trial judge found husband committed the predicate acts of harassment and terroristic threats. Court was not persuaded by husband’s argument that trial court failed to consider he was provoked. The Appellate Division stated that do not consider or address whether and under what circumstances, if any, the commission of what would otherwise constitute a predicate act of domestic violence may be excused under the PDVA because it was in some manner provoked. Nor do we address or suggest whether provocation might serve as a defense to the issuance of a domestic violence restraining order under the PDVA.